Refusal of Active Military Service Based on Nonviolent Beliefs... First Not Guilty Verdict Issued (Comprehensive)

1st Trial: 1 Year 6 Months Imprisonment, 2nd Trial: Not Guilty... Supreme Court "Uniformly Forcing Military Service Obligation... Not Justifiable"

On the afternoon of the 26th, when the alternative service system for conscientious objectors based on religious beliefs or nonviolence and pacifism was first implemented, an entrance ceremony for 63 conscientious objectors was held at the Alternative Service Training Center inside Daejeon Prison, with the entrants entering the ceremony hall.
2020.10.26 Photo by Joint Press Corps

[Asia Economy Reporter Baek Kyunghwan] The Supreme Court has ruled that even if a person refuses active military enlistment based on personal beliefs such as nonviolence and anti-war, rather than religious convictions, they should not be punished if the refusal is based on a 'genuine conscience.' While a man who refused reserve forces training due to personal beliefs was previously acquitted, this is the first time refusal of active enlistment has been recognized.

On the 24th, the Supreme Court's First Division (Presiding Justice Kim Seonsu) upheld the lower court's acquittal in the appeal trial of Jeong Mo, who was charged with violating the Military Service Act.

Jeong was prosecuted in October 2017 for failing to enlist by the enlistment date without justifiable reasons after receiving an active duty enlistment notice.

Before the Constitutional Court and Supreme Court recognized 'conscientious objection to military service' in February 2018, Jeong was sentenced to 1 year and 6 months in prison in the first trial. The court ruled, "The defendant's refusal to enlist as an active-duty soldier based on religious conscience or political beliefs does not constitute a 'justifiable reason' as stipulated in the Military Service Act."

During the trial, Jeong stated that as a sexual minority, he had felt alienated by the uniform entrance exam education and peer culture enforcing masculinity since high school. He explained that he came to rely on Christian faith and participated in missionary groups after entering university.

According to the court, Jeong also took part in a Christian group's emergency prayer meeting opposing Israel's military invasion and praying for peace in Palestine, a one-person protest for resolving the Yongsan tragedy, protests against the 60th anniversary peace prayer meeting for the Korean War, opposition movements against the naval base in Gangjeong Village, Jeju Island, and Wednesday demonstrations.

In the appeal trial held in November 2020, the verdict was overturned to not guilty. The court stated, "The defendant's faith and beliefs are deeply rooted internally and form a clear substance, making it difficult to view them as compromising or strategic," and "a justifiable reason to refuse military service as defined by the Military Service Act is recognized."

At that time, the Constitutional Court had declared the Military Service Act unconstitutional for not stipulating an alternative service system for conscientious objectors, and the Supreme Court's full bench had also ruled that religious beliefs are included in justifiable reasons under the Military Service Act and that conscientious objectors should not be criminally punished.

On this day, the Supreme Court also stated, "Forcing conscientious objectors to fulfill military obligations uniformly and imposing criminal penalties or other sanctions for noncompliance is not appropriate in light of the constitutional guarantee system of fundamental rights, including freedom of conscience, and the overall legal order."

Meanwhile, in February, the Supreme Court confirmed the acquittal of a man who refused reserve forces training due to personal beliefs. The reason was that refusal of reserve forces training and military mobilization training based on ethical, moral, or philosophical beliefs rather than religious beliefs constitutes a 'justifiable reason' as defined by law.

This content was produced with the assistance of AI translation services.